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Inglewood Partition Lawyer

The City of Inglewood is located in Los Angeles County, and is known for the Forum, which was the home of the Los Angeles Lakers for many years, and more recently for So Fi Stadium, which is the home of the Los Angeles Rams. Like many places throughout California, many Inglewood residents find themselves needing to move from a chaotic real estate situation to a fresh start with the equity from the property. When jointly owned real estate becomes too much of a problem, many people have found that a partition action can be a good solution. At that point, a Inglewood Partition Lawyer can be of great assistance. Generally, a partition action to be the best remedy for disputing co-owners in four broad categories:

  • Split real estate dispute;
  • Brother-Sister real estate dispute;
  • Investor-Investor real estate dispute; and
  • Significant other real estate dispute

A partition action generally has two basic stages. In the first stage, the court determines whether to partition the property, which usually includes the appointment of a partition referee and the referee's sale of the property. In the second stage, the referee divides the proceeds from the sale between the parties, and seeks a court order confirming this distribution. Recently, the California Court of Appeal addressed a referee's potential liability for their acts undertaken as part of the process in a case decided by the Third District Court of Appeal known as Holt v. Brock (2022) WL 17087787.

There, a brother and sister inherited property, and later the sister sought to partition the Property. The trial court in a partition action appointed a real estate broker, Charles Brock, to determine the listing price and sell the property at a 6% commission. After Brock listed the property for $882,000, one of the property's owners, Holt, offered to buy the Property for $1 million if Holt would reduce his commission to 3%. The partition referee refused to reduce his commission, and sold the Property for $882,000. Holt sued claiming that Brock violated fiduciary duties and committed other torts in performing his court-appointed role. Brock moved for summary judgment based on quasi-judicial immunity, which the trial court granted. Brock appealed.

The Court of Appeal affirmed, finding "quasi-judicial immunity extends judicial immunity 'to persons other than judges if those persons act in a judicial or quasi-judicial capacity." (Howard .v Drapkin (1990) 222 Cal.App.3d 843, 851.) The Court of Appeal stated that a "third-class of persons entitled to quasi-judicial immunity includes persons connected to the judicial process who are not public officials, arbitrators, or referees but who serve functions integral to the judicial process and act as arms of the court." (Howard, 222 Cal.App.3d at 855-857.) This includes persons appointed by the courts for their expertise. The Appellate Court determined that the partition referee, Brock, was acting in a quasi-judicial capacity due to that appointment, and thus had a right to quasi-judicial immunity.

How Underwood Law Firm Can Help

In order to start resolving these situations, you should contact an experienced Ingelwood Partition Lawyer as soon as you are ready to start the next chapter of your life.

Client Reviews
“We were in need of a real estate attorney. Eli Underwood provided excellent legal advice and services. He explained everything well and followed through with all important issues that needed attention. We found him to be reliable, courteous, patient and extremely professional. We highly recommend Mr. Underwood without any reservations.” I.S.
"I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him." Thank you for your help Sir!" T.W.
"Mr. Underwood is a fantastic Lawyer with extraordinary ethics. He responds quickly, which is rare these days, and he is very knowledgeable in his craft. It was a pleasure working with him and we will definitely use his services in the future if needed. Thank you for your help Sir!" M.O.
"Eli took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and me. Eli stopped him in his tracks. On top of it being easy to work with Eli, it was a pleasure to have had him represent us. We were in good hands." E.T
"We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially demonstrated when dealing with the apposing counsel. We feel this gave us a tremendous advantage over the opposing party that resulted in us reaching a successful outcome. I would highly recommend Eli Underwood as we found him to be an exceptional attorney." P.B.
"In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of the owners with a Partition Suit. Needless to say Eli was instrumental in helping us resolve our differences and gained us a profitable sale all with good end results for all. If you hire Eli Underwood you will not be disappointed!" M.A.